You are on page 1of 4

B.M. No.

2540 IN RE: PETITION TO SIGN IN THE ROLL OF ATTORNEYS

MICHAEL A. MEDADO, Petitioner.

SERENO, CJ.:

We resolve the instant Petition to Sign in the Roll of Attorneys filed by petitioner Michael A.
Medado (Medado).

Medado graduated from the University of the Philippines with the degree of Bachelor of Laws in
19791 and passed the same year's bar examinations with a general weighted average of 82.7.2

On 7 May 1980, he took the Attorney’s Oath at the Philippine International Convention Center
(PICC) together with the successful bar examinees.3 He was scheduled to sign in the Roll of
Attorneys on 13 May 1980,4 but he failed to do so on his scheduled date, allegedly because he
had misplaced the Notice to Sign the Roll of Attorneys5 given by the Bar Office when he went
home to his province for a vacation.6

Several years later, while rummaging through his old college files, Medado found the Notice to
Sign the Roll of Attorneys. It was then that he realized that he had not signed in the roll, and that
what he had signed at the entrance of the PICC was probably just an attendance record.7

By the time Medado found the notice, he was already working. He stated that he was mainly
doing corporate and taxation work, and that he was not actively involved in litigation practice.
Thus, he operated "under the mistaken belief that since he had already taken the oath, the
signing of the Roll of Attorneys was not as urgent, nor as crucial to his status as a lawyer";8 and
"the matter of signing in the Roll of Attorneys lost its urgency and compulsion, and was
subsequently forgotten."9

In 2005, when Medado attended Mandatory Continuing Legal Education (MCLE) seminars, he
was required to provide his roll number in order for his MCLE compliances to be credited.10

Not having signed in the Roll of Attorneys, he was unable to provide his roll number.

About seven years later, or on 6 February 2012, Medado filed the instant Petition, praying that
he be allowed to sign in the Roll of Attorneys.11

The Office of the Bar Confidant (OBC) conducted a clarificatory conference on the matter on 21
September 201212 and submitted a Report and Recommendation to this Court on 4 February
2013.13 The OBC recommended that the instant petition be denied for petitioner’s gross
negligence, gross misconduct and utter lack of merit.14 It explained that, based on his answers
during the clarificatory conference, petitioner could offer no valid justification for his negligence
in signing in the Roll of Attorneys.15

After a judicious review of the records, we grant Medado’s prayer in the instant petition, subject
to the payment of a fine and the imposition of a penalty equivalent to suspension from the
practice of law.

At the outset, we note that not allowing Medado to sign in the Roll of Attorneys would be akin to
imposing upon him the ultimate penalty of disbarment, a penalty that we have reserved for the
most serious ethical transgressions of members of the Bar.

In this case, the records do not show that this action is warranted.

For one, petitioner demonstrated good faith and good moral character when he finally filed the
instant Petition to Sign in the Roll of Attorneys. We note that it was not a third party who called
this Court’s attention to petitioner’s omission; rather, it was Medado himself who acknowledged
his own lapse, albeit after the passage of more than 30 years. When asked by the Bar Confidant
why it took him this long to file the instant petition, Medado very candidly replied:

Mahirap hong i-explain yan pero, yun bang at the time, what can you say? Takot ka kung anong
mangyayari sa ‘yo, you don’t know what’s gonna happen. At the same time, it’s a combination of
apprehension and anxiety of what’s gonna happen. And, finally it’s the right thing to do. I have to
come here … sign the roll and take the oath as necessary.16

For another, petitioner has not been subject to any action for disqualification from the practice
of law,17 which is more than what we can say of other individuals who were successfully
admitted as members of the Philippine Bar. For this Court, this fact demonstrates that petitioner
strove to adhere to the strict requirements of the ethics of the profession, and that he has prima
facie shown that he possesses the character required to be a member of the Philippine Bar.

Finally, Medado appears to have been a competent and able legal practitioner, having held
various positions at the Laurel Law Office,18 Petron, Petrophil Corporation, the Philippine
National Oil Company, and the Energy Development Corporation.19

All these demonstrate Medado’s worth to become a full-fledged member of the Philippine
Bar.1âwphi1 While the practice of law is not a right but a privilege,20 this Court will not
unwarrantedly withhold this privilege from individuals who have shown mental fitness and
moral fiber to withstand the rigors of the profession.

That said, however, we cannot fully exculpate petitioner Medado from all liability for his years of
inaction.

Petitioner has been engaged in the practice of law since 1980, a period spanning more than 30
years, without having signed in the Roll of Attorneys.21 He justifies this behavior by
characterizing his acts as "neither willful nor intentional but based on a mistaken belief and an
honest error of judgment."22

We disagree.

While an honest mistake of fact could be used to excuse a person from the legal consequences
of his acts23 as it negates malice or evil motive,24 a mistake of law cannot be utilized as a lawful
justification, because everyone is presumed to know the law and its consequences.25 Ignorantia
factiexcusat; ignorantia legis neminem excusat.

Applying these principles to the case at bar, Medado may have at first operated under an honest
mistake of fact when he thought that what he had signed at the PICC entrance before the oath-
taking was already the Roll of Attorneys. However, the moment he realized that what he had
signed was merely an attendance record, he could no longer claim an honest mistake of fact as a
valid justification. At that point, Medado should have known that he was not a full-fledged
member of the Philippine Bar because of his failure to sign in the Roll of Attorneys, as it was the
act of signing therein that would have made him so.26 When, in spite of this knowledge, he
chose to continue practicing law without taking the necessary steps to complete all the
requirements for admission to the Bar, he willfully engaged in the unauthorized practice of law.

Under the Rules of Court, the unauthorized practice of law by one’s assuming to be an attorney
or officer of the court, and acting as such without authority, may constitute indirect contempt of
court,27 which is punishable by fine or imprisonment or both.28 Such a finding, however, is in
the nature of criminal contempt29 and must be reached after the filing of charges and the
conduct of hearings.30 In this case, while it appears quite clearly that petitioner committed
indirect contempt of court by knowingly engaging in unauthorized practice of law, we refrain
from making any finding of liability for indirect contempt, as no formal charge pertaining thereto
has been filed against him.

Knowingly engaging in unauthorized practice of law likewise transgresses Canon 9 of 'the Code
of Professional Responsibility, which provides:

CANON 9 -A lawyer shall not, directly or indirectly, assist in the unauthorized practice of law.

While a reading of Canon 9 appears to merely prohibit lawyers from assisting in the
unauthorized practice of law, the unauthorized practice of law by the lawyer himself is
subsumed under this provision, because at the heart of Canon 9 is the lawyer's duty to prevent
the unauthorized practice of law. This duty likewise applies to law students and Bar candidates.
As aspiring members of the Bar, they are bound to comport themselves in accordance with the
ethical standards of the legal profession.

Turning now to the applicable penalty, previous violations of Canon 9have warranted the penalty
of suspension from the practice of law.31 As Medado is not yet a full-fledged lawyer, we cannot
suspend him from the practice of law. However, we see it fit to impose upon him a penalty akin
to suspension by allowing him to sign in the Roll of Attorneys one (1) year after receipt of this
Resolution. For his transgression of the prohibition against the unauthorized practice of law, we
likewise see it fit to fine him in the amount of ₱32,000. During the one year period, petitioner is
warned that he is not allowed to engage in the practice of law, and is sternly warned that doing
any act that constitutes practice of law before he has signed in the Roll of Attorneys will be dealt
with severely by this Court.
WHEREFORE, the instant Petition to Sign in the Roll of Attorneys is hereby GRANTED. Petitioner
Michael A. Medado is ALLOWED to sign in the Roll of Attorneys ONE (1) YEAR after receipt of this
Resolution. Petitioner is likewise ORDERED to pay a FINE of ₱32,000 for his unauthorized practice
of law. During the one year period, petitioner is NOT ALLOWED to practice law, and is STERNLY
WARNED that doing any act that constitutes practice of law before he has signed in the Roll of
Attorneys will be dealt will be severely by this Court.

Let a copy of this Resolution be furnished the Office of the Bar Confidant, the Integrated Bar

of the Philippines, and the Office of the Court Administrator for circulation to all courts in the
country.

SO ORDERED.

MARIA LOURDES P. A. SERENO

Chief Justice

WE CONCUR: